You ask whether certain information is subject to required public disclosure under the Public
Information Act, chapter 552 of the Government Code. Your request was assigned
ID# 139591.

The Travis County Sheriff's Office (the "sheriff's office") received a request for information
relating to an investigation of an alleged assault. You claim that the requested information
is excepted from disclosure under sections 552.103 and 552.108 of the Government Code.
We have considered the exceptions you claim and have reviewed the information you
submitted.

Section 552.108, the "law enforcement exception," provides in relevant part that
"[i]nformation held by a law enforcement agency or prosecutor that deals with the detection,
investigation, or prosecution of crime is excepted from [required public disclosure] if . . .
release of the information would interfere with the detection, investigation, or prosecution
of crime[.]" Gov't Code § 552.108(a)(1). A governmental body that claims an exception
to disclosure under section 552.108 must reasonably explain, if the responsive information
does not do so on its face, how and why section 552.108 is applicable. See Ex parte Pruitt,
551 S.W.2d 706 (Tex. 1977); Open Records Decision No. 434 at 2-3 (1986). In this
instance, you explain that although the requested information pertains to an investigation that
the sheriff's office previously closed as unfounded, the sheriff intends to utilize that same
information in reopening the case. Based on your representation that the information in
question pertains to a pending case and our review of that information, we find that you have
shown that it is information the release of which would interfere with the detection,
investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City of
Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per
curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are
present in active cases); Open Records Decision No. 216 (1978).

We note, however, that section 552.108 does not except from disclosure "basic information
about an arrested person, an arrest, or a crime." Gov't Code § 552.108(c).
Section 552.108(c) refers to the basic front-page information held to be public in Houston
Chronicle. The sheriff's office must release the kind of information that is considered to be
basic front-page offense and arrest report information, including a detailed description of the
offense, even if that information does not actually appear on the front page of the offense or
arrest report. See Houston Chronicle, 531 S.W.2d at 186-87; Open Records Decision No.
127 at 3-4 (1976) (summarizing the types of information deemed public by Houston
Chronicle). The rest of the requested information is excepted from disclosure under
section 552.108(a)(1).

As we are able to make a determination under section 552.108, we need not address your
claim under section 552.103.(1) This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other
circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id.
§ 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for
costs and charges to the requestor. If records are released in compliance with this ruling, be
sure that all charges for the information are at or below the legal limits. Questions or
complaints about over-charging must be directed to the General Services Commission at
512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. We note, however, that a successful claim under section 552.103 generally does not except from disclosure the same basic information that must be released under section 552.108(c). See Open Records Decision Nos. 597 (1991), 362 (1983).